Chapter 3 Self-test questions

Chapter 3 Self-test questions

Offer and acceptance
. The courts generally attempt to analyse all contracts in terms of offer and acceptance. This approach has been the subject of some criticism. In which of the following cases is the judge particularly critical of the general approach?

. To find a valid contract, the courts require an offer, that is clear in its terms, is capable of being accepted, and has been accepted. Which of the following types of contract fits most uncomfortably into the traditional contractual structure outlined here?

. 'The existence of an offer depends on the intention of the parties.' Given the courts' interpretation of offers, how might this statement be qualified?

. With reference to the formation of a contract, what is an 'invitation to treat'?

. Which of the following statements could apply to the contractual status of a restaurant menu?

. A 'battle of the forms' occurs where both buyer and seller use standard forms and both insist that their relationship is governed by their own standard conditions. In these circumstances, two main approaches have been applied. One is to deny the existence of a contract on the basis that there is no true agreement between the parties. The other is to consider the last set of forms sent to be decisive, the terms of which will govern the contract. Which of these approaches was adopted in Butler Machine Tool Co v. Ex-Cell-O Corporation [1979] 1 WLR 401?

. Does an invitation to tender, followed by the simple submission of a tender, ever result in the creation of a binding contract between the invitor and the bidder?

. Which of the following is not required in order to find a valid acceptance of an offer?

. TRUE/FALSE: Acceptance by conduct during the validity of an offer is the only exception to the general requirement that acceptance must be communicated.

. Intending to redevelop the local playgrounds, Redburgh County Council places the following advertisement in a local newspaper: "Tenders invited by the Council for the redevelopment of public playgrounds on the East side. Standard forms may be collected from the Town Hall and should be returned sealed in the envelopes provided by 3pm on 20th August." Playpen Plus submits the lowest tender by the required time, but the mailbox is not checked and the Council wrongly considers that the bid has arrived late. The contract is subsequently awarded to Flairground, the second lowest bid which they considered complied with the deadline. Which of the following arguments will not help Playpen Plus?

. Whilst on a skiing holiday in Alpe d'Huez, Adam loses his new ski goggles, poles and skis in a failed jump. Hoping to recover them before the end of the week, he places a notice in a local ski-hire shop window. It offers a substantial reward to anyone finding and returning to his hotel one or more of the lost items. Determine in each case whether the reward-seeker may enforce Adam's promise. Assume that the issue is governed by English law: Bronwen, who is staying at the same hotel as Adam, finds a pair of abandoned goggles whilst out skiing the next day and takes them back to the hotel receptionist. There she is informed that they probably belong to another hotel resident, Adam. Bronwen returns the goggles to him personally, but is rather annoyed a few days later to find that a reward was available.

. Whilst on a skiing holiday in Alpe d'Huez, Adam loses his new ski goggles, poles and skis in a failed jump. Hoping to recover them before the end of the week, he places a notice in a local ski-hire shop window. It offers a substantial reward to anyone finding and returning to his hotel one or more of the lost items. Determine in each case whether the reward-seeker may enforce Adam's promise. Assume that the issue is governed by English law: A few days later, Chris sees Adam's notice whilst on ski-rescue patrol duty. He decides to spend his next three afternoons off searching for the lost items which he seems to remember having stumbled across a few days earlier. He eventually uncovers the skis, and is on his way down the slopes back to the hotel when he is stopped by Adam. Adam thanks him for his help, but informs him that the reward is no longer available.

. Whilst on a skiing holiday in Alpe d'Huez, Adam loses his new ski goggles, poles and skis in a failed jump. Hoping to recover them before the end of the week, he places a notice in a local ski-hire shop window. It offers a substantial reward to anyone finding and returning to his hotel one or more of the items. Determine in each case whether the reward-seeker may enforce Adam's promise. Assume that the issue is governed by English law: The day after the notice goes up in her shop, Daniela, the manager finds the lost pair of poles amongst her stock. She promptly forgets about them. Returning from a few days off, during which she has left a deputy in charge of the shop, Daniela remembers the poles. Hoping to catch Adam before he leaves, she rushes to his hotel early the next morning before work. Adam thanks her for the poles but informs her that the removal of the notice has ended the offer of reward. On returning to her shop, Daniela finds the notice has indeed been removed in her absence.

. A pig farmer sends off a letter (R) to a butcher revoking his earlier offer to sell the butcher 10 pigs. The post is the only obvious means of communication in his stranded countryside position. A few days later, he receives a letter (A) from the butcher, which purports to accept his original offer. By this time, the butcher has received the revocation letter (R). Assuming the farmer's revocation is ineffective, which of the following statements is true?

. Under certain circumstances the postal rule may be displaced by the requirement of actual communication. In which of the following cases will the postal rule still take priority over the general requirement that acceptance be communicated?

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